DARRELL PIRTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1974-11-22
No. 74-352
HOBSON, Acting C. J., concurs., BOARDMAN, J., concurs only to the extent of certifying the question to the Supreme Court.
303 So. 2d 89 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
GRIMES, Judge.

GRIMES, Judge.

One of appellant’s points on appeal is identical to the point raised in Hall v. State, Fla.App.2d 1974, 303 So. 2d 417. In Hall, supra, we certified the question to our Supreme Court as a matter of great public interest.

We, therefore, certify in the case sub ju-dice the same question as was certified in Hall, supra.

The other point on appeal is without merit.

Affirmed.

HOBSON, Acting C. J., concurs.

BOARDMAN, J., concurs only to the extent of certifying the question to the Supreme Court.


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Cited By

  • Thomas v. State, 327 So. 2d 63 (Fla. 1st DCA 1976)
    …with the holdings in the cases cited in the majority opinion. Indeed, this Court has carefully chronicled the steps to be observed incident to plea bargaining. (See Kurlin v. State, Fla.App.1st 1974, 302 So. 2d 147; Brown v. State, Fla.App.1st 1974, 303 So. 2d 89) However, neither our own prior opinions, nor those of our sister courts cited in the majority opinion, nor Rule 3.171, RCrP, require reversal in the case sub judice. A reading of the record in this case reveals that on no less than five occasions p…
  • Pirtle v. State, 316 So. 2d 281 (Fla. 1975)
    …OVERTON, Justice. This cause is before us on petition for writ of certiorari to review the decision of the Second District Court of Appeal reported at 303 So. 2d 89 (Fla.App.2d 1974). The decision sought to be reviewed conflicts with Lyles v. State, 299 So. 2d 146 (Fla.App.1st 1974). At issue is the failure of the trial judge to properly determine a factual basis for the guilty plea, as required in Rule of Cri…

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